The Committee will appoint a Chair and Vice-Chair for this particular meeting.

Resolved that Councillor Mrs Bowyer be appointed as Chair and Councillor Delbridge be appointed as Vice Chair for this meeting.

Members will be asked to make any declarations of interest in respect of items on this Agenda.

There were no declarations of interest in accordance with the code of conduct.

To receive reports on business which, in the opinion of the Chair, should be brought forward for urgent consideration.

There were no items of chair’s urgent business.

The Director for Community Services will submit a report on the variation of a premises licence.

The Committee having –

In the applicants operating schedule it stated that a noise limiter would be in place and set to a level as agreed with Environmental Health. This is removed upon the request of the applicant and the advice taken from the Environmental Health Officer.

Having taken into account all the relevant representations made, the members resolved to grant the application subject to the applicants operating schedule and the following special conditions:

The Director for Community Services will submit a report on the variation of a premises licence.

The Committee having –

Having taken into account all the relevant representations made, the members resolved to grant the application as applied for subject to the conditions agreed with the Environmental Regulation Service and Devon and Cornwall Police.

The Director for Community Services will submit a report on the review of a premises licence.

The Committee having –

Members heard from a representative of Environmental Health how a review of the premises licence had been sought under the licensing objectives the prevention of public nuisance and public safety.

Members heard how complaints had been received from a local resident regarding noise at the premises and of patrons drinking in the street.

Environmental Health attended the premises on the 2 August 2009 and witnessed excessive noise at the premises. The nominated deputy did not consider the noise to be excessive and was unwilling to reduce noise levels as recommended. Live music continued, windows and doors remained open and patrons remained outside drinking.

Environmental Health attended the premises on 16 August 2009 and found regulated entertainment was taking place contrary to the premises licence. The nominated deputy of the premises became aggressive, swore and made threats to the officers and did not stop the entertainment.

On 21 August 2009 three male patrons outside the premises exposed themselves to two female Council Officers. When the Officers returned some 30 minutes later the nominated deputy was seen to be staggering around outside believed to be under the influence of alcohol.

Members heard how Environmental Health Officers had written to the Designated Premises Supervisor (DPS) and met with her at the Civic Centre on 1 October 2009. Since the review application things had improved significantly and there was no live music on weekends

Members heard from a representative of Devon & Cornwall Police how they have received a complaint of noise and of patrons using window sills.

On Thursday 13 August 2009 at 10.30 p.m.  the Police witnessed a group of 30 people drinking in the street outside the premises. They were using the window sills of local properties for their glasses and cigarettes.

The Police received reports of the staff abusing and threatening Council Officers and the breach of licence conditions on 16 August 2009. They had also received a report of three male offenders in drink exposing themselves to female Council Officers.

The Police have met with the DPS and outlined what they expect. A letter was received from the DPS outlining things she will put in place. These are:

She says drug use is not tolerated at the premises.

The Police have received the acceptance of the premises license holder to a number of proposed conditions. They say the acceptance of these conditions satisfactorily addresses their concerns.

Members heard from a representative of the  ...  view the full minutes text for item 22.

To consider passing a resolution under Section 100A(4) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item(s) of business on the grounds that it (they) involve(s) the likely disclosure of exempt information as defined in paragraph(s) ? of Part 1 of Schedule 12A of the Act, as amended by the Freedom of Information Act 2000.

There were no items of exempt business.